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CFPB Calculates 2015 Changes to HOEPA, QM Loan Thresholds

by devteam August 19th, 2014 | Share

The Consumer Financial ProtectionrnBureau (CFPB) has increased threshold amounts for loans governed by various triggerrnlimits under Qualified Mortgages (QM) and Ability-to-Repay (ATR) Rules.   Under Regulation Z of the Truth in LendingrnAct CFPB is required to look at loan amounts subject to point and fee limits,rnadjusting them if necessary, on an annual basis.  The following changes will go into effect onrnJanuary 1, 2015.</p<ul class="unIndentedList"<liThe limit for loans where points andrnfees may not exceed 3 percent of the total loan amount will increase fromrn$100,000 to $101,953.</li<liFor a loan amount greater than orrnequal to $61,172 but less than $101,953 points and fees may not exceedrn$3,059. Under current rules points andrnfees may not exceed $3,000 for loan amounts between $60,000 and $100,000.</li<liThe threshold for fees not to exceedrn5 percent of the total loan amount will increase to greater than or equal torn$20,391 but less than $61,172 from $20,000 and $60,000 respectively.</li<liFor a loan amount greater than orrnequal to $12,744 (currently $12,500) but less than $20,391 (currently $20,000),rnpoints and fees may not exceed $1,020, an increase from $1,000.</li</ul<ul type="disc"

  • For a loan amount less than $12,744 points and fees mayrn not exceed 8 percent of the total loan amount.  Under the old rule the amount wasrn $12,500.</li</ul

    TILA also requires CFPB to calculaternannual adjustments to loan amounts affected by provisions of the CARD Act andrnHOEPA.  The Bureau has adjusted the loanrnamount threshold under HOEPA that determines whether a transaction is a highrncost mortgage when the points and fees are either 5 percent or 8 percent ofrnsuch amount from, respectively, $20,000 to $20,391, and $1,000 torn$1,020.  </p

    Required CARD Act adjustments are torn(1) the minimum interest charge threshold that triggers disclosure of thernminimum interest charge in credit card applications, solicitations and accountrnopening disclosures, and (2) the fee thresholds for the penalty fees safernharbor.  The calculation did not result in a change to the current $1.00rnminimum interest charge threshold but CFPB increased the current penalty feernsafe harbor of $26 for a first late payment and $37 for a subsequent violationrnwithin the following six months to $27 and $38 respectively. 

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  • About the Author

    devteam

    Steven A Feinberg (@CPAsteve) of Appletree Business Services LLC, is a PASBA member accountant located in Londonderry, New Hampshire.

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